Common use of Additional Property Clause in Contracts

Additional Property. All greater, additional or other estate, right, title and interest of the Grantor in, to, under or derived from the Trust Property hereafter acquired by the Grantor, including all right, title and interest of the Grantor in, to, under or derived from all extensions, improvements, betterments, renewals, substitutions and replacements of, and additions and appurtenances to, any of the Trust Property hereafter acquired by or released to the Grantor or constructed or located on, or attached to, the Property, in each case, immediately upon such acquisition, release, construction, location or attachment; all estate, right, title and interest of the Grantor in, to, under or derived from any other property and rights which are, by the provisions of any Secured Agreement, the Security Agreement or this Deed of Trust, required to be subjected to the Lien hereof; all estate, right, title and interest of the Grantor in, to, under or derived from any other property and rights which are necessary to maintain the Property and the Grantor’s business or operations conducted therein as a going concern, in each case, to the fullest extent permitted by law, without any further conveyance, mortgage, assignment or other act by the Grantor; and all estate, right, title and interest of the Grantor in, to, under or derived from all other property and rights which are by any instrument or otherwise subjected to the Lien hereof by the Grantor or anyone acting on its behalf. TO HAVE AND TO HOLD the Trust Property, together with all estate, right, title and interest of the Grantor and anyone claiming by, through or under the Grantor in, to, under or derived from the Trust Property and all rights and appurtenances relating thereto, to the Trustee for the benefit of Beneficiary, forever. Notwithstanding the foregoing, the following property is excluded from the foregoing security interests: any property to the extent that the grant of a security interest therein is prohibited by any applicable law or regulation, requires a consent not obtained of any Governmental Authority pursuant to any applicable law or regulation, or is prohibited by, or constitutes a breach or default under or results in the termination of or requires any consent not obtained under, any contract, license, agreement, instrument or other document evidencing or giving rise to such property, except to the extent that such law or regulation or the term in such contract, license, agreement, instrument or other document providing for such prohibition, breach, default or termination or requiring such consent is ineffective under applicable law. Grantor shall upon request of the Beneficiary use all reasonable efforts to obtain any such required consent that is reasonably obtainable. THE GRANTOR ADDITIONALLY COVENANTS AND AGREES WITH THE TRUSTEE AND THE BENEFICIARY AS FOLLOWS:

Additional Property. All greater, additional or other estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property now or hereafter owned or acquired by the GrantorMortgagor, including all right, title and interest of the Grantor Mortgagor in, to, under or derived from all extensions, improvements, betterments, renewals, substitutions and replacements of, and additions and appurtenances to, any of the Trust Mortgaged Property hereafter acquired by or released to the Grantor Mortgagor or constructed or located on, or attached to, the Property, in each case, immediately upon such acquisition, release, construction, location or attachment; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are, by the provisions of any Secured Agreement, the Security Agreement or this Deed of TrustFinancing Document, required to be subjected to the Lien hereof; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are necessary to maintain the Property and the Grantor’s business or operations conducted therein as a going concernProperty, in each case, case to the fullest extent permitted by under applicable law, without any further conveyance, mortgage, assignment or other act by the GrantorMortgagor; and all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from all other property and rights which are by any instrument or otherwise subjected to the Lien hereof by the Grantor Mortgagor or anyone acting on its behalf. TO HAVE AND TO HOLD the Trust Mortgaged Property, together with all estate, right, title and interest of the Grantor Mortgagor and anyone claiming by, through or under the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property and all rights and appurtenances relating thereto, unto the Mortgagee and its successors and assigns forever. PROVIDED ALWAYS that this Mortgage is upon the express condition that (a) the Mortgaged Property shall be released from the Lien of this Mortgage in full or in part in the manner and at the time provided in Section 7.01(a) and (b) the Granting made hereby is subject to and conditioned by the following provisions, each of which the Indenture Trustee and the Holders and the UK Secured Parties shall be deemed to consent and agree to by accepting the benefits of this Mortgage: (i) the Indenture Trustee, the Holders and the UK Secured Parties shall be bound by all the terms and conditions of this Mortgage, including that this Mortgage may be amended only in accordance with the provisions of Section 7.04, that any or all of the Mortgaged Property hereunder may be released at any time and for any reason as otherwise provided herein and that the Mortgagee and/or the Required Lenders, as holders of the Credit Agreement Secured Obligations, may determine to exercise or not to exercise remedies hereunder, all without any requirement to inform, consult with, or, except as provided in Section 7.04 obtain the consent or approval of the Indenture Trustee, the Holders, the UK Agent or the UK Secured Parties, (ii) the Indenture Trustee, the Holders, the UK Agent and the UK Secured Parties shall not assert, and do irrevocably waive, any right such parties may have under any statute or rule of law or equity now or hereafter in effect relating to marshaling of the Mortgaged Property or the other assets of the Mortgagor that may secure the Credit Agreement Secured Obligations, (iii) apart from the obligation to distribute to the Trustee for Holders and the benefit UK Secured Parties their ratable share of Beneficiary, forever. Notwithstanding the foregoingany amounts distributed pursuant to clause THIRD of Section 5.06 hereof, the following property is excluded from the foregoing security interests: any property Mortgagee shall have no duty or liability to the extent Indenture Trustee, any Holder, the UK Agent or any UK Secured Party and (iv) the Mortgagee shall have the sole right, without any duty to, any requirement to inform, consult with or, except as set forth in the proviso below, obtain the consent or approval of the Indenture Trustee, the Holders, the UK Agent or the UK Secured Parties, on behalf of the Secured Parties, to consent to any priming of the Liens created hereunder in connection with the entry of the Mortgagor into a debtor-in-possession credit agreement in respect of any bankruptcy proceeding to which the Mortgagor may become subject, and none of the Indenture Trustee, any of the Holders, the UK Agent nor any of the UK Secured Parties shall be entitled to object to the Mortgagee's exercise of such right; PROVIDED that the grant Indenture Trustee, on behalf of the Holders, the Holders and the UK Agent, on behalf of the UK Secured Parties, shall be granted any necessary adequate protection pursuant to the terms of the Bankruptcy Code and PROVIDED, FURTHER, that nothing herein shall constitute a security interest therein is prohibited by any applicable law or regulation, requires a consent not obtained waiver of the right of any Governmental Authority pursuant party to any applicable law or regulation, or is prohibited by, or constitutes a breach or default under or results in the termination of or requires any consent not obtained under, any contract, license, agreement, instrument or other document evidencing or giving rise to such property, except object to the extent that such law or regulation or the term in such contract, license, agreement, instrument or other document providing for such prohibition, breach, default or termination or requiring such consent is ineffective under applicable law. Grantor shall upon request terms of the Beneficiary use all reasonable efforts to obtain any such required consent debtor-in-possession financing that is reasonably obtainabledo not relate to the priming of such Liens. THE GRANTOR MORTGAGOR ADDITIONALLY COVENANTS AND AGREES WITH THE TRUSTEE AND THE BENEFICIARY MORTGAGEE AS FOLLOWS:

Additional Property. All greater, additional or other estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property hereafter acquired by the GrantorMortgagor, including all right, title and interest of the Grantor Mortgagor in, to, under or derived from all extensions, improvements, betterments, renewals, substitutions and replacements of, and additions and appurtenances to, any of the Trust Mortgaged Property hereafter acquired by or released to the Grantor Mortgagor or constructed or located on, or attached affixed to, the Property, in each case, immediately upon such acquisition, release, construction, location or attachmentaffixation; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are, by the provisions of any Secured Agreement, the Security Agreement or this Deed of TrustFinancing Documents, required to be subjected to the Lien hereof; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are necessary to maintain the Property and the Grantor’s Mortgagor's business or operations conducted therein as a going concern, in each case, to the fullest extent permitted by law, without any further conveyance, mortgage, assignment or other act by the GrantorMortgagor; and all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from all other property and rights which are by any instrument or otherwise subjected to the Lien hereof by the Grantor Mortgagor or anyone acting on its behalf. TO HAVE AND TO HOLD the Trust Mortgaged Property, together with all estate, right, title and interest of the Grantor Mortgagor and anyone claiming by, through or under the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property and all rights and appurtenances relating thereto, to the Trustee for the benefit of BeneficiaryMortgagee, forever. Notwithstanding PROVIDED ALWAYS that this Mortgage is upon the foregoing, express condition that the following property is excluded Mortgaged Property shall be released from the foregoing security interests: any property to the extent that the grant Lien of a security interest therein is prohibited by any applicable law this Mortgage in full or regulation, requires a consent not obtained of any Governmental Authority pursuant to any applicable law or regulation, or is prohibited by, or constitutes a breach or default under or results in part in the termination of or requires any consent not obtained under, any contract, license, agreement, instrument or other document evidencing or giving rise to such property, except to manner and at the extent that such law or regulation or the term time provided in such contract, license, agreement, instrument or other document providing for such prohibition, breach, default or termination or requiring such consent is ineffective under applicable law. Grantor shall upon request of the Beneficiary use all reasonable efforts to obtain any such required consent that is reasonably obtainableSection 7.02. THE GRANTOR MORTGAGOR ADDITIONALLY COVENANTS AND AGREES WITH THE TRUSTEE AND THE BENEFICIARY MORTGAGEE AS FOLLOWS:

Additional Property. All greater, additional or other estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property now or hereafter owned or acquired by the GrantorMortgagor, including all right, title and interest of the Grantor Mortgagor in, to, under or derived from all extensions, improvements, betterments, renewals, substitutions and replacements of, and additions and appurtenances to, any of the Trust Mortgaged Property hereafter acquired by or released to the Grantor Mortgagor or constructed or located on, or attached to, the Property, in each case, immediately upon such acquisition, release, construction, location or attachment; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are, by the provisions of the any Secured Agreement, the Security Agreement or this Deed of TrustFinancing Document, required to be subjected to the Lien hereof; all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from any other property and rights which are necessary to maintain the Property and the Grantor’s business or operations conducted therein as a going concernProperty, in each case, case to the fullest extent permitted by under applicable law, without any further conveyance, mortgage, assignment or other act by the GrantorMortgagor; and all estate, right, title and interest of the Grantor Mortgagor in, to, under or derived from all other property and rights which are by any instrument or otherwise subjected to the Lien hereof by the Grantor Mortgagor or anyone acting on its behalf. TO HAVE AND TO HOLD the Trust Mortgaged Property, together with all estate, right, title and interest of the Grantor Mortgagor and anyone claiming by, through or under the Grantor Mortgagor in, to, under or derived from the Trust Mortgaged Property and all rights and appurtenances relating thereto, to unto the Trustee for the benefit of Beneficiary, Mortgagee and its successors and assigns forever. Notwithstanding PROVIDED ALWAYS that this Mortgage is upon the foregoing, express condition that the following property is excluded Mortgaged Property shall be released from the foregoing security interests: any property to the extent that the grant Lien of a security interest therein is prohibited by any applicable law this Mortgage in full or regulation, requires a consent not obtained of any Governmental Authority pursuant to any applicable law or regulation, or is prohibited by, or constitutes a breach or default under or results in part in the termination of or requires any consent not obtained under, any contract, license, agreement, instrument or other document evidencing or giving rise to such property, except to manner and at the extent that such law or regulation or the term time provided in such contract, license, agreement, instrument or other document providing for such prohibition, breach, default or termination or requiring such consent is ineffective under applicable law. Grantor shall upon request of the Beneficiary use all reasonable efforts to obtain any such required consent that is reasonably obtainableSection 7.01(a). THE GRANTOR MORTGAGOR ADDITIONALLY COVENANTS AND AGREES WITH THE TRUSTEE AND THE BENEFICIARY MORTGAGEE AS FOLLOWS:

Additional Property. All greater, additional or other estate, right, title and interest of the Grantor in, to, under or derived from the Trust Property hereafter acquired by the Grantor, including all right, title and interest of the Grantor in, to, under or derived from all extensions, improvements, betterments, renewals, substitutions and replacements of, and additions and appurtenances to, any of the Trust Property hereafter acquired by or released to the Grantor or constructed or located on, or attached to, the Property, in each case, immediately upon such acquisition, release, construction, location or attachment; all estate, right, title and interest of the Grantor in, to, under or derived from any other property and rights which are, by the provisions of any Secured Agreement, the Security Agreement or this Deed of TrustDocuments, required to be subjected to the Lien hereof; all estate, right, title and interest of the Grantor in, to, under or derived from any other property and rights which are necessary to maintain the Property and the Grantor’s business or operations conducted therein as a going concern, in each case, to the fullest extent permitted by law, without any further conveyance, mortgage, assignment or other act by the Grantor; and all estate, right, title and interest of the Grantor in, to, under or derived from all other property and rights which are by any instrument or otherwise subjected to the Lien hereof by the Grantor or anyone acting on its behalf. TO HAVE AND TO HOLD the Trust Property, together with all estate, right, title and interest of the Grantor and anyone claiming by, through or under the Grantor in, to, under or derived from the Trust Property and all rights and appurtenances relating thereto, to the Trustee for the benefit of BeneficiaryBeneficiary and its successors and assigns, forever, subject to Permitted Liens. Notwithstanding PROVIDED ALWAYS the foregoingLiens on Restricted Collateral granted herein or in any Domestic Security Document will only secure at any time an amount of Secured Obligations not to exceed the Basket Lien Available Amount at such time. PROVIDED ALWAYS that this Deed of Trust is upon the express condition that the Trust Property shall be released from the Lien of this Deed of Trust in full or in part in the manner and at the time provided in Section 7.02; and provided further, that notwithstanding anything herein to the contrary, the following Trust Property shall include only the real property is excluded from (including fixtures) hereinabove described and the foregoing security interests: any property to the extent that the grant of a security interest therein is prohibited by any applicable law or regulation, requires a consent not obtained of any Governmental Authority pursuant to any applicable law or regulation, or is prohibited by, or constitutes a breach or default under or results Collateral described in the termination of or requires any consent not obtained under, any contract, license, agreement, instrument or other document evidencing or giving rise to such property, except to the extent that such law or regulation or the term in such contract, license, agreement, instrument or other document providing for such prohibition, breach, default or termination or requiring such consent is ineffective under applicable law. Grantor shall upon request of the Beneficiary use all reasonable efforts to obtain any such required consent that is reasonably obtainableSecurity Agreement. THE GRANTOR ADDITIONALLY COVENANTS AND AGREES WITH THE TRUSTEE AND THE BENEFICIARY AS FOLLOWS: